CENTRAL GOODS AND SERVICES TAX (EIGHTH AMENDMENT) RULES, 2018 \u2013 AN OVERVIEW
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 8-9-2018<\/p>\n
Introduction
\nThe Central Government has made many amendments to the Central Goods and Services Tax Rules, 2017 (which came into effect from 01.07.2017). Now it has made the eighth amendment to the Rules vide Notification No. 39\/2018-Central Tax, dated 4th September, 2018. These Rules contains 9 rules causing amendment in various rules and forms. This article will discuss the salient features of this amendment.
\nEffective date
\nClause (2) provides that save as otherwise provided in these rules, they shall come into force on the date of their publication in the Official Gazette. Rule 6 to this amendment Rules came into effect from 23th October, 2017. All other rules came into effect from 04.09.2018 i.e., the date of notification in the Official Gazette.
\nCancellation of Registration
\nRule 22 provides the procedure for<\/p>\n
= = = = = = = =<\/p>\n
Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ion. Even if the registration is cancelled by the Department the assessee is liable to pay the tax with interest and to file returns and also attracting penal provisions. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ied by copies of the corresponding delivery challan along with a duly certified copy of the invoice; and = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n ived supplies on which the benefit of the Government of India, Ministry of Finance – = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n a conveyance shall also carry a copy of the bill of entry filed by the importer of such goods and shall indicate the number and date of the bill of entry in Part A of FORM GST EWB-01. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n l Return which is to be filed under Rule 80 of the Rule by every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person. Section 44(1) of the Act provides that every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person, shall furnish an annual return for every financial year electronically in such form and manner as may be prescribed on or before the thirty-first day of December following the end of such financial year. = = = = = = = =<\/p>\n Plain text (Extract) only<\/strong> = = = = = = = =<\/p>\n","protected":false},"excerpt":{"rendered":" CENTRAL GOODS AND SERVICES TAX (EIGHTH AMENDMENT) RULES, 2018 \u2013 AN OVERVIEWBy: – DR.MARIAPPAN GOVINDARAJANGoods and Services Tax – GSTDated:- 8-9-2018 Introduction The Central Government has made many amendments to the Central Goods and Services Tax Rules, 2017 (which came into effect from 01.07.2017). Now it has made the eighth amendment to the Rules vide … Continue reading “CENTRAL GOODS AND SERVICES TAX (EIGHTH AMENDMENT) RULES, 2018 \u2013 AN OVERVIEW”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-13585","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts\/13585","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=13585"}],"version-history":[{"count":0,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=\/wp\/v2\/posts\/13585\/revisions"}],"wp:attachment":[{"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=13585"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=13585"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/goodsandservicetax.in\/GST\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=13585"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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\nConditions for claiming input tax credit
\nRule 36 provides the list of documents on the basis of which the assessee can avail input tax credit. Rule 36(2) provides that input tax credit shall be availed by a registered person only if all the applicable particulars as specified in the provisions of Chapter VI are contained in the said document, and the relevant information, as contained in the said document, is furnished in FORM GSTR-2 by such person.
\nRule 3 gives some relaxation for the conditions stipulated in Rule 36(2). This rule proposes to insert a proviso to Rule 36(2). The newly inserted proviso provides that if the said document does not contain all the specified particulars but contains the details of-
\n * the amount of tax charged;
\n * description of goods or services;
\n * total value of supply of goods o<\/p>\n
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\n(d) the original copy of the invoice shall be sent along with the last consignment.
\nNew definition for 'Adjusted Total Turnover'
\nRule 89 provides the procedure for the refund of tax, interest, penalty, fees or any other amount. Rule 89(4) provides that in the case of zero-rated supply of goods or services or both without payment of tax under bond or letter of undertaking in accordance with the provisions of sub-section (3) of section 16 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), refund of input tax credit shall be granted as per the following formula –
\nRefund Amount = (Turnover of zero-rated supply of goods + Turnover of zero-rated supply of services) x Net ITC ÷Adjusted Total Turnover
\nClause (E) of Rule 89(4) defines the expression 'Adjusted Total Turnover'.
\nRule 5 proposes the existing definition of the expression 'Adjusted Total Turnover' to be <\/p>\n
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\n * notification No. 48\/2017-Central Tax, dated the 18th October, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i),vide number G.S.R 1305 (E), dated the 18th October, 2017; or
\n * notification No. 40\/2017-Central Tax (Rate), dated the 23rd October, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i),vide number G.S.R 1320 (E), dated the 23rd October, 2017; or
\n * notification No. 41\/2017-Integrated Tax (Rate), dated the 23rd October, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1321 (E), dated the 23rd October, 2017 has been availed; or
\n * availed the benefit under
\n * notification No. 78\/2017-Customs, dated the 13th October, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R 1272(E), dated the 13th <\/p>\n
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\nNew Form GST REG – 20
\nRule 8 proposes to substitute a new form GST REG-20 for the existing one. The new form is changed on the basis of the changes in Rule 22(4). It will cater to the needs of the new proviso to Rule 22(4) i.e., dropping of the proceedings of cancellation of registration of a registered person, if the assessee furnishes all the pending returns and makes full payment of the tax dues along with applicable interest and late fee, instead of filing reply to the show cause notice issued by the proper officer for cancellation of registration.
\nNew Form GST ITC – 04
\nRule 9 proposes to substitute a new form GST ITC – 04 for the existing one for giving details of goods\/capital goods sent to job worker and received back. In the existing form the following details are to be furnished-
\n * Details <\/p>\n
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\nThe said Rule also provides for insertion of Form GSTR – 9A for Annual Return to be filed by the Composition Dealer, under Rule 80.
\nThe Form GSTR – 9B, the Annual Return meant for e-commerce operators and the Form GSTR – 9C, the Annual Return meant for every registered person whose aggregate turnover during a financial year exceeds two cror<\/p>\n
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